THE HUMAN RIGHTS IMPLICATIONS OF THE VIOLATIONS OF ELECTORAL LAWS IN NIGERIA: AN APPRAISAL

Abstract

This article investigated and appraised the human rights implications of the violations of electoral laws in Nigeria. It adopted the doctrinal research method relying on primary and secondary sources. The primary sources relied upon are the Constitution of the Federal Republic of Nigeria (1999), Electoral Act, 2022, Independent National Electoral Commission’s Regulations and Guidelines for the Conduct of Elections, 2022, Election Judicial Proceedings Practice Directions, 2023, Evidence Act, 2011(as amended), Supreme Court Pre-Election and Election Appeals Practice Directions, 2023, Manual For Judicial Officers, 2023, the Police Act, the African Charter, Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights(ICCPR) and case law. It found inter alia that the various challenges confronting the right to vote in Nigeria are due to the rigid provisions of the CFRN 1999 with regard to the time frame to conduct elections, the failure of INEC to electronically transmit election result as promised, the onerous burden of proof placed on a Petitioner among other things. The recommendation of this article includes respect for electoral laws through the establishment of the Independent National Electoral offences Commission empowered to arrest, investigate and prosecute electoral offences, amendment of the present Electoral Act 2022 to impose stricter penalties for politicians such as making them forfeit the moneys acquired from advancing into such offices, amendment of the CFRN 1999 to make the right of the people to participate in their government a justiciable right and remove same under Chapter II as well as the time frame to conduct elections, enforce the electronic transmission of result, shift the burden of proof from the Petitioner to INEC to show that the election was in order and relax the rule for subpoeaned witnesses.